Section 291-9-010 - CERTIFICATION OF JURISDICTIONAL UTILITIES010.01 Certification of Public Convenience Except as otherwise provided herein, no jurisdictional utility shall transact business in Nebraska until it has obtained a certificate from the Commission that public convenience will be promoted by the transaction of the business and permitting the applicants to transact the business of a jurisdictional utility in the state. By operation of Neb. Rev. Stat. Sec. 66-1853(3), all jurisdictional utilities transacting business in this state as of May 31, 2003 were issued a certificate of public convenience based upon its natural gas service as of that date.
010.01A Every jurisdictional utility shall be required to furnish reasonably adequate and sufficient service and facilities for the use of any and all products or services rendered, furnished, supplied, or produced by such utility.010.02 Filing Requirements and Application Process Applications for a certificate of public convenience must contain all of the following information and must include prefiled testimony in support of the application showing:
010.02A The legal name under which the applicant will operate, a description of the business structure of the applicant, evidence of authority to do business in Nebraska, certificates of registration by the Nebraska Secretary of State for all trade names under which the applicant will operate, and the applicant's state of incorporation.010.02B The names, business addresses and business telephone numbers of the principal officers of the applicant, or its representatives, who can be contacted regarding its operations in Nebraska and telephone number(s) at which the applicant can be contacted.010.02C Identification of affiliates, partnerships, political subdivisions, or other joint ventures, including those affiliates, partnerships, political subdivisions or other joint ventures that are certified under this section. In addition to a listing of the names, addresses, and business purpose of affiliates, partnerships, or other joint ventures required herein, the applicant (s) must also provide a listing of the names and addresses of all the applicant's affiliates, partnerships, political subdivisions, or other joint ventures engaged in the provision of competitive natural gas services in any other state.010.02D A listing of all legal actions and formal complaints pertaining to the provision of natural gas services filed against the applicant or its affiliates at a public utility regulatory body other than the Commission that were filed or pending in the five years prior to the date of the request for certificate, including identification of the title and number of applicable proceedings and a copy of the final orders in such proceedings or the citation to the website where the text of the orders can be found. The applicant will also provide any other names under which it does business.010.02E Identification of the states and jurisdictions in which the applicant or an affiliate, partnership, or other joint venture has had a license or certificate to supply competitive natural gas services suspended, revoked, or denied, or where the applicant, partnership, or other joint venture has voluntarily withdrawn from providing service due to financial or operational reasons. Applicant must include identification of the title, caption, and docket number of any applicable proceedings and either (i) a copy of any final orders and court appeals in such proceedings or (ii) the citation to the website where the text of the orders can be found.010.02F A demonstration that the applicant is ready, willing and able to provide service under the State Natural Gas Regulation Act and other applicable laws of the state of Nebraska, and not in violations thereof, and that the public convenience in Nebraska will be promoted by the transaction of the business by allowing the applicants to transact the business of a jurisdictional utility in the state. The applicant will further demonstrate that it possesses the operational and financial capability to furnish reasonably adequate and sufficient service and facilities for the use of any and all products or services rendered, furnished, supplied, or produced by such utility. The applicant must submit a roster of officers and directors, a description of the professional backgrounds of the applicant's principal managerial and technical personnel, an operational flow chart, and a description of the applicant's facilities and the services it intends to render. A request for confidential treatment for information contained within the application may be filed with the Commission, pursuant to Nebraska Administrative Code, Title 291, Chapter 9, Rule 006.010.02G Applications must be filed with the executive director at the Nebraska Public Service Commission, 1200 "N" Street, Suite 300, Lincoln, Nebraska 68508. An original and eight (8) copies must be filed. An application fee must be included with the application to cover the administrative costs of accepting and processing a filing. In addition, each applicant will be billed costs and expenses reasonably attributable to certification and dispute resolution to applicants and participants to the proceeding, including Commission time, billed on an hourly basis, spent reviewing, analyzing and considering the application, and any costs incurred by or charges made by the Public Advocate that the Commission may assess with respect to such application.010.02H An applicant must notify the Commission during the pendency of the certification request of any material change in the representations and commitments required by this subsection within 14 days of such change. Any new legal actions or formal complaints are considered material changes in the request. Once certified, jurisdictional utilities must notify the Commission of any material change in the representations and commitments required for certification within 14 days of such change.010.03 Assessment for Jurisdictional Utilities Pursuant to Section 66-1849(3), the Commission shall allocate the costs and expenses reasonably attributable to certification and dispute resolution as authorized in this section to persons identified as parties to such proceeding who are engaged in or who seek to engage in providing natural gas services or other persons identified as participants in such proceeding. The funds received for the costs and expenses of certification and dispute resolution shall be remitted to the State Treasurer for credit to the Public Service Commission Regulation Fund.
291 Neb. Admin. Code, ch. 9, § 010